Terms Of Service

General Terms and Conditions

TraceFind has designed and developed an information aggregation service bases on information sources accessible to everyone and data available on the web. The service is based on Open Source Intelligence (OSINT). TraceFind distributes TraceFind´s services in a SaaS mode. The Service is distributed only to professionals. Non-professional individuals are not allowed to use the Service. Access to TraceFind´s Website requires the use of a computer, equipped with an operating system, an access to an electronic communication network for the transfer of information, a subscription to an internet access provider, using appropriate communication and web navigation software, installed by the Client on its device. Please read these terms carefully before agreeing or using the Service. These terms tell who we are, how we will provide services to our Clients, what to do if there is a problem and other important information.

TL;DR

TraceFind provides an information aggregation service based on publicly available data, intended for professional use only. By using TraceFind, you agree to use it ethically and legally, respecting the rights and privacy of others. The service aggregates publicly available information related to email addresses or phone numbers. TraceFind does not guarantee the accuracy, completeness, or legality of the information it provides, and users are responsible for verifying the data.

TraceFind is a credit-based service with fees, and refunds are not offered. TraceFind owns all intellectual property rights related to its Website and Services. While TraceFind is committed to protecting user data in compliance with GDPR and has a privacy policy, the service has limitations on liability, particularly for misuse of the service, inaccurate data, or indirect damages. The Website is hosted in Germany. TraceFind does not log user search queries.

Article 1. Definitions

The following terms shall have the meaning set forth below:

Client: Professional who has taken out a payment and is authorized to use the Service.
Documentation: Documentation of any kind relating to the services, the description of functionalities, and all technical information necessary or useful to their use. The documentation is available on TraceFind’s Website.
TraceFind’s Services or Service: Services provided by TraceFind to the Client through TraceFind’s Website, including access to a number of search results by request depending on the subscription formula chosen.
Logins: Username provided to the Client to create a profile and access the Service from a secure connection to TraceFind’s Website.
User: Individual employee of the Client and Visitor who accesses TraceFind’s Website and Services and uses them under the conditions stated in these general terms. Any operation made by a user binds the Client or the Visitor himself.
Visitor: The Website visitor who can also use the Service but will receive a limited result.
Member: The Website member who can also use the service but will receive a limited result.
Website or TraceFind’ Website: Refers to the website accessible at the address (https://TraceFind.info/) allowing access to the Service.

Article 2. Purpose

The purpose of these general terms is to set forth the terms and conditions under which TraceFind:

Grants to the Client and Visitor, and under which the Client agrees to be granted, a right to use TraceFind’s services.
Ensures the maintenance of TraceFind’s services.

Article 3. Term – Effective date

These terms and conditions apply as soon as the User accesses the Website, without a profile or with a profile.

In the case of purchase, the purchase comes into effect on the date of payment.

Each request costs 5 credits ($0.25) if any information is found. If not, no credits are deducted from the users account. TraceFind reserves the right to change the credit cost and request cost at any given time, giving the purchasing user previous notice.

Article 4. Specifications of TraceFind’s services

4.1 Scope

The specifications of each of the services are detailed on TraceFind’s Website.

The Service consists of collecting from publicly available information on the Internet, information relating to an e-mail address or a phone number. By validating an e-mail address or a phone number in the search system, the User makes a request. The Visitor accesses only one result per request. The Client accesses a list of up to 164 results per request.

4.2 Identification

The Client must create a profile and log in to their profile to access the Service available in their payment.

Each User (Client) has its own logins. The logins are confidential, unique and personal. The Client is solely responsible for the use of the logins by its Users. Any operations made using the logins provided to the Client will irrefutably be deemed to have been made by the Client.

TraceFind authorizes a multi-device connection (PC, Tablet, mobile) per person and per login. The Client acknowledges that the mobile version is a deprecated version of the PC version.

In case of loss or theft of its logins, the Client will inform TraceFind immediately by the help page or via email.

4.3 Use of the service

TraceFind agrees to make its best efforts to implement the services described in the conditions stated in these general terms.

TraceFind automatically aggregates the results available on the Internet. TraceFind is not responsible for the identified sources, the content of the sources, their truthfulness or accuracy, their completeness. TraceFind does not verify the sources or the results. The User must verify each source and information transmitted and may only use the information for purposes permitted by law and under the conditions of Article Obligations.

TraceFind undertakes that the Service will be available 7 days a week, 24 hours a day.

However, TraceFind reserves the right to totally or partially restrict access to the Service in order to carry out the maintenance of its computer settings and the facilities implemented for the supply of the Service, within the framework of scheduled operations.

TraceFind shall not be liable for damage of any nature that may result from a temporary unavailability of all or part of TraceFind’s Services.

4.4 Evolutions

TraceFind wishes to continuously optimize all its Services. To this end, TraceFind may update TraceFind’s Website, TraceFind’s Services and offer new services.

In general, TraceFind retains the right to take and implement any technical decision regarding the improvement of services subject to ensuring their continuity and ongoing compatibility.

4.5 Suspension

If the Client fails to comply with its obligations, TraceFind reserves the right to suspend the access to TraceFind’s Website automatically and without notice. The suspension of the access to the services will enable TraceFind to verify the Client’s compliance with the terms and conditions of this general terms.

Access to the Services will be suspended for the time required to conduct the verifications.

Article 5. Hosting

TraceFind’s Website is hosted by TraceFind or TraceFind’s provider on servers established in Germany.

Unless otherwise stated, the access on TraceFind’s Website does not include the delivery of any material to the Client. TraceFind provides its Services to the Client via remote access to TraceFind’s Website.

TraceFind agrees to implement all of the technical means, in accordance with the state of the art, required to ensure the logical security of the access to the Website, as well as to prevent any intrusion from unauthorized persons, whatever the nature or technique used.

The Client agrees to comply with the security procedures and rules indicated in the documentation. TraceFind shall not be liable for the Client’s failure to comply with the security procedures and rules.

Article 6. Helpdesk

Users can ask TraceFind questions on how to use the services by e-mail to the following address: (support@tracefind.info).

Article 7. Obligations of the Client

The Client or the Visitor agrees to:

Use the Service only on phone numbers or email addresses or usernames that belong to him/her.
Use the Service in accordance with these general terms and conditions.
Not use the Service for the purpose of sending unsolicited email.
Not use the Service for illegal, fraudulent, malicious, or discriminatory purposes.
Not carry out reverse engineering, decompile, disassemble, or try to derive source code or algorithms of the services or any part thereof except to the extent permitted by law.
Not use the Service in a way that could harm TraceFind’s Website, Service, and/or TraceFind’s image and reputation.
Not use the Service in a way that could harm the interests and rights of other Users or third parties.
Refrain from any attempt to collect information other than those relating to its own account and according payment.

Article 8. Confidentiality

The parties undertake not to disclose to third parties any confidential information which may come to their knowledge during the performance of these general terms.

They undertake to use confidential information only to the extent necessary for the performance of these general terms.

Information marked “Confidential” shall be considered as confidential.

The parties shall take all necessary measures to ensure the compliance with this article by their employees and/or subcontractors.

This clause shall survive and remain applicable in case these general terms is annulled, rescinded or terminated.

Article 9. Intellectual Property

9.1 Know-how

TraceFind shall retain ownership in and to its own methods, algorithms, know-how and tools used to perform the Services.

9.2 Intellectual Property on TraceFind’s Website and Services

In accordance with the provisions of the French Intellectual Property Code, the Website, all of the Service and any related documentation are the property of TraceFind.

All elements composing TraceFind Website and TraceFind Services, as well as the interfaces made available to the User for the performance of these general terms, the documentation and any other information submitted by TraceFind to the User are and shall remain the property of TraceFind.

Likewise, TraceFind is the owner of all intellectual property rights (copyright and sui generis right of the database author) in the databases it created.

As a result, the Client shall not act in any manner that may directly or indirectly harm the intellectual property rights of TraceFind.

9.3 License to use TraceFind’s Service

TraceFind grants to the Client, and the Client agrees to be granted, a personal, non-exclusive and non- assignable license to access and use TraceFind’s Services.

Any use that has not been expressly authorized by TraceFind hereunder shall be unlawful in accordance with Article L. 122-6 of the French Intellectual Property Code.

In particular, the Client undertakes not to access the source code and acknowledges that disassembling, reverse engineering or any attempt to derive the source code is strictly forbidden. Any infringement, intrusion or attempt on the automated data processing system, the source code, or the algorithm is prohibited and constitutes a violation of the intellectual property rights of TraceFind.

Article 10. Warranties

TraceFind DOESN’T WARRANT THE CLIENT OR THE VISITOR THE SERVICE, THE RESULTS OF THE REQUEST AND THE INFORMATION.

THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES AS TO THE QUALITY OF THE INFORMATION, ITS COMPLETENESS, ITS USEFULNESS, ITS VERACITY, ITS QUALITY, ITS LEGALITY.

TraceFind guarantees that it has the intellectual property rights to make the Services and the Website available. TraceFind will bear all damages that may be awarded against the Client exclusively by a final court decision finding an infringement.

This warranty is subject to the following express conditions:

The Client must promptly notify in writing the infringement claim or the declaration issued prior to such claim;
TraceFind must be given the opportunity to defend its own interests and those of the Client; to this end, The Client must faithfully cooperate in such defense by providing all the requisite elements, information and assistance for a successful defense.

The above provisions set forth the entire liability of TraceFind for infringement, patents, and copyright.

Article 11. Price and invoicing

Access to the Service for Clients is subject to payment of one-time credits.

The prices indicated are in euros, exclusive of tax, and will be increased by the amount of the taxes applicable on the invoicing date, including VAT.

Payment is made online through our partner (Stripe https://stripe.com/en-it/). Payment of the credits is constructed as follows :

The user has to buy atleast $5 worth of credits.
The user can buy up to $1000 worth of credits at a time. The user can buy as many times as he/she wants.
One search costs 5 credits (roughly $0.25), if any information is found.

In case of the shutdown of the service, the client has the option to contact TraceFind within 30 days and get a compensation for it's remaining credits.

Article 12. Personal data

Each party undertakes to the other the compliance with its obligations under personal data protection laws and regulations in force, in particular with the General Data Protection Regulation 2016/679.

Regarding the processing of personal data by TraceFind for the purpose of providing the Service, TraceFind invite you to read the privacy policy.

Article 13. Insurance

Each party confirms having subscribed an insurance policy with a financially sound and reputable insurance company established in France or in the European Union covering all the financial consequences of its professional civil liability, tort and/or contractual liability resulting from physical injury, material and consequential damages caused to the other party and any third parties in the course of the performance of these general terms.

Article 14. Liability

The User acknowledges that:

He uses the Service at his own risk, the Service and the Website are provided on an “as is”;
The Service is not a substitute for professional advice and analysis.

Each party is bound to do care in performing all its obligations under the general terms and can be held liable by the other party only if it is proved that it committed a fault.

Exceptions. The TraceFind liability does not apply to any performance issues: (i) caused by “force majeure” factors described in Clause Force Majeure; or (ii) that resulted from Client equipment or third-party equipment, or both; or (iii) caused by network connections.

Limitation or exclusion on Liability. To the maximum extent permitted by law, TraceFind is not liable for: (a) misuse of the Service or the Website; (b) fraudulent use or use not in accordance with these general terms, (c) use of the Service with third party data, software or hardware which is incompatible with the Service and/or not recommended by TraceFind; (d) reduced performance or non-availability of the Service as a result of network connections; or (e) errors in the Service or any materials resulting from the Client configuration or manipulation of the Service.

Prejudice. The parties jointly agree they may be held liable only for the consequences of direct damage and that compensation for indirect damage shall be excluded.

Indirect damage shall mean loss of data, time, profits, turnover, margins, orders, customers, operating loss, loss of revenue, business actions, as well as damage to brand image, loss of expected results and third-party action.

It is jointly agreed that the liability of TraceFind shall not exceed the amounts actually paid by the Client for the year in which the damage occurred.